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(영문) 창원지방법원 2017.10.12 2017노2258
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the punishment of imprisonment of one year and four months, the death penalty of one year and one hundred thousand won may be additionally collected) is too unreasonable.

2. In light of the following factors: (a) the Defendant’s confession of a crime, the Defendant’s confession, and the Defendant’s family members to support without good health; (b) there are favorable sentencing grounds: (c) the same criminal records are seven times (five times of actual punishment, five times of suspended sentence of imprisonment, and two times of suspended sentence of imprisonment); (d) the amount of penphones in possession is not significant; and (e) the reason for unfavorable sentencing, such as the Defendant’s age, family relation, economic situation, circumstances leading to the crime and motive; and (e) all other matters pertaining to the sentencing as indicated in the records and changes of the instant case, the lower judgment’s punishment is deemed appropriate; and (e) there is no change in circumstances to be considered in the trial, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, in the application of the laws and regulations of the lower court, the term “1. Selection of punishment: Determination of imprisonment” is added between “1. Determination of punishment: Aggravation of concurrent crimes” and “1. Aggravation of concurrent crimes” and “1. Aggravation of concurrent crimes” are added “1. Confiscation and additional collection: Article 67 of the Narcotics Control Act” and the ex officio correction is made in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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